defamed person, but also upon an accusation by any ordinary citizen. As a result, “Strategic Lawsuits Against Public Participation” can be filed, meaning that any third party can make an accusation regarding the expressive activity of stating true facts, for the purpose of suppressing monitoring and critical reportage of public figures and matters, and not for the purpose of restoring the reputational damage suffered by the victim. Thus, since there is an increased possibility of being embroiled in criminal proceedings involving the defamation under the Provision at Issue, the freedom to express true facts is significantly chilled. 4. The opinion of the Court takes the position that Article 310 of the Criminal Act already minimizes the restrictions placed on freedom of expression by the Provision at Issue. More specifically, this opinion suggests that because Article 310 of the Criminal Act sets forth the ground of justification for the conduct under the Provision at Issue and because the unlawfulness of such conduct is negated in many cases by this Court’s and the Supreme Court’s constructions regarding that ground of justification, freedom of expression can be sufficiently guaranteed even if criminal proceedings are conducted for the crime of defamation under the Provision at Issue. It is indeed a fact that the restrictions on freedom of expression are alleviated to some extent. Article 310 of the Criminal Act lays out the ground of justification for a violation of the Provision at Issue by providing that “The act under Article 310(1) shall not be punishable if the facts alleged are true and if solely concerned with the public interest,” and the Court and the Supreme Court interpret this justification as broadly as possible. However, where a person intends to make a statement of true fact concerned with the public interest, if that fact can impair the reputation of another, then making the statement may constitute the elements of defamation under the Provision at Issue. Consequently, the person faces the risk of being the subject of a criminal complaint or an accusation, or the risk of being subjected to a - 19 -